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2000 Supreme(P&H) 1048

S.RAJENDRA BABU, SHIVARAJ V.PATIL
Life Convict Laxman Naskar – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner:Mr. B.S. Malik, Sr. Advocate with Mrs. Santosh Singh, Advocate.
For the Respondents:Mr. Altaf Ahmed, Additional Solicitor General with the Mr. Tara Chandra Sharma, Advocate.

JUDGMENT

S. Rajendra Babu, J. - This writ petition filed under Article 32 of the Constitution seeks for he release of the petitioner who is undergoing imprisonment for life after having been convicted under Section 302 Indian Penal Code read with Section 34 Indian Penal Code The claim of the petitioner is that he has undergone the following period of actual sentence and earned remissions :-

Year Months Days

(a) From 25.6.1982 to 1.5.2000 including under trial period confinement 17 10 6

(b) Remissions earned or Govt. Remissions granted upto 31.12.1999 5 8 29

(c) Total sentence including remissions 23 7 5

2. The petitioner also claims that under Section 61(1) of the West Bengal Correctional Services Act, XXXII of 1992, which on Presidential assent being given came to force with effect from April 14, 2000, he is entitled to be released inasmuch as he had served the sentence and earned remissions as detailed above and was entitled to be released as on September 27, 1996. The details are set forth hereunder :-

Year Months Days

(i) Length of life imprisonment under the definition of punishment vide explanation is : 20 0 0

(ii) Deduct the period of remission earned or granted under Section 58

































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